District Court in Cook County, Illinois vacate DHS Public Charge Rule
On November 3, 2020, the Seventh Circuit issued an administrative stay on the N.D. of Illinois decision to vacate the DHS Public Charge Final rule pending an appeal which is effective immediately. Accordingly, adjustment of status applications must be filed with the Form I-944.
On November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al., granted summary judgment in favor of Plaintiffs on their claim that DHS’s Public Charge Rule violates the Administrative Procedure Act. The district court specifically ruled that the public charge exceeds DHS’s authority, is not in accordance with law, and is arbitrary and capricious. Therefore, the court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal.
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